1996 (4) TMI 452

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....ime of inspection, the Revenue has approached this Court under section 41 of the Kerala General Sales Tax Act. The Tribunal, however, considered non-availability of books of account in the business place at Pathanamthitta at the time of inspection on August 22, 1985 and non-availability of the purchase bills also together with non-availability of daily kurippu on September 12, 1985 at Kozhencherry imposed a token addition of Rs. 10,000 as sufficient to cover the said solitary defect.   2.. The only question for consideration is as regards the concurrent position taken by the two appellate authorities that no addition is called for in respect of the shortage in stock of Indian-made foreign liquor and arrack detected at the time of in....

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.... properly considering the explanations offered by the appellant in disregard to the nature of the business. 5.. Apart from reproducing the above reasoning of the first appellate authority the Tribunal independently itself considered the position and found that only when shortage in stock of Indian-made foreign liquor and arrack have been detected no addition is called for. The Tribunal has noted in this connection that at Pathanamthitta the inspection of the business premises took place on August 22, 1985 revealing shortage of 1,435 litres of arrack. The Tribunal has also considered the other irregularities showing flimsy character of shortage by referring to the fact that 2,500 empty bottles and 500 caps were not supported by purchase b....